Wilmer Garcia-Moran v. Jefferson Sessions ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 31 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILMER GARCIA-MORAN, AKA No. 15-73802
Wilmer Garcia,
Agency No. A072-525-542
Petitioner,
v. MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Wilmer Garcia-Moran, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for deferral of
removal under the Convention Against Torture (“CAT”). Our jurisdiction is
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s
factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we
deny in part and dismiss in part the petition for review.
Substantial evidence supports the agency’s denial of deferral of removal
under CAT because Garcia-Moran failed to establish it is more likely than not he
would be tortured by or with the consent or acquiescence of the Guatemalan
government. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (finding
that petitioner’s claims of possible torture were speculative and therefore did not
compel reversal).
We lack jurisdiction to consider Garcia-Moran’s contention that he qualifies
for relief based on his Americanized appearance or manners because he failed to
present this claim to the BIA. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.
2010).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 15-73802